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MATTER OF ARGONDIZZA

8022. 3991/12.

168 A.D.3d 426 (2019)

91 N.Y.S.3d 387

2019 NY Slip Op 00054

In the Matter of Jeannine Shanley Argondizza, Deceased. Leo Shanley et al., Appellants, v. Christopher Argondizza, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 3, 2019.

The court properly concluded that respondent overcame the presumption of self-dealing (see Matter of Ferrara, 7 N.Y.3d 244, 254 [2006]; Matter of Maikowski, 24 A.D.3d 258, 260 [1st Dept 2005]) based upon petitioners' testimony that they knew about the power of attorney and understood that it would be used to transfer decedent's half-interest in...

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